1-1  By:  Eckels (Senate Sponsor - Armbrister)             H.B. No. 2663
    1-2        (In the Senate - Received from the House May 17, 1993;
    1-3  May 19, 1993, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 25, 1993, reported favorably, as
    1-5  amended, by the following vote:  Yeas 7, Nays 0; May 25, 1993, sent
    1-6  to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker                                       x   
   1-12        Henderson          x                               
   1-13        Madla                                          x   
   1-14        Moncrief           x                               
   1-15        Patterson          x                               
   1-16        Rosson             x                               
   1-17        Shapiro                                        x   
   1-18        Wentworth          x                               
   1-19        Whitmire                                       x   
   1-20  COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
   1-21  Amend H.B. 2663 by adding the following appropriately numbered
   1-22  sections:
   1-23        SECTION 2.  Section 133.082, Natural Resources Code, is
   1-24  amended to read as follows:
   1-25        Sec. 133.082.  CIVIL PENALTY.  (a)  A person or responsible
   1-26  party who violates this chapter or a rule or order adopted under
   1-27  this chapter after due notice is liable <to the state> for a civil
   1-28  penalty of not less than $500 or more than $5,000 for each act of
   1-29  violation on a first offense.
   1-30        (b)  A person or responsible party who violates this chapter
   1-31  or a rule or order adopted under this chapter after due notice is
   1-32  liable <to the state> for a civil penalty of not less than $1,000
   1-33  or more than $10,000 for each act of violation on a second and
   1-34  subsequent offense.
   1-35        SECTION 3.  Section 133.083(a), Natural Resources Code, is
   1-36  amended to read as follows:
   1-37        (a)  The commission or a county in which a violation of this
   1-38  chapter or a rule or order adopted under this chapter is occurring
   1-39  or has occurred may enforce this chapter or a rule or order adopted
   1-40  under this chapter by injunction or other appropriate remedy.
   1-41        SECTION 4.  Section 133.084, Natural Resources Code, is
   1-42  amended to read as follows:
   1-43        Sec. 133.084.  RECOVERY OF COSTS.  (a)  A person responsible
   1-44  for a quarry or pit is liable to the state for customary, ordinary,
   1-45  and reasonable costs incurred by the commission in undertaking
   1-46  corrective or enforcement action under this chapter and for court
   1-47  costs and attorney's fees.
   1-48        (b)  A person responsible for a quarry or pit is liable to a
   1-49  county for customary, ordinary, and reasonable costs incurred by
   1-50  the county in undertaking enforcement action under this chapter and
   1-51  for court costs and attorney's fees.
   1-52        SECTION 5.  Section 133.085, Natural Resources Code, is
   1-53  amended by  adding Subsection (d) to read as follows:
   1-54        (d)  A county in which a violation of this chapter or a rule
   1-55  or order adopted under this chapter is occurring or has occurred
   1-56  may bring suit for injunctive relief, civil penalty, or both, as
   1-57  appropriate, under this subchapter.
   1-58        SECTION 6.  Section 133.086, Natural Resources Code, is
   1-59  amended to read as follows:
   1-60        Sec. 133.086.  DISPOSITION OF PENALTIES AND COSTS.
   1-61  (a)  Money collected under Section 133.082 or 133.084 of this code
   1-62  shall be deposited in the state treasury to the credit of the Texas
   1-63  aggregates quarry and pit safety fund.
   1-64        (b)  Money collected under Section 133.082 of this code in a
   1-65  suit brought by a county shall be retained by that county.  Money
   1-66  collected under that section in a suit brought by the state shall
   1-67  be equally divided between the state and the county in which the
   1-68  violation occurred.  The state shall deposit its share of the
    2-1  recovery in the state treasury to the credit of the Texas
    2-2  aggregates quarry and pit safety fund.
    2-3        SECTION 7.  Chapter 133, Natural Resources Code, is amended
    2-4  by adding Subchapter F to read as follows:
    2-5           SUBCHAPTER F.  AUTHORITY TO REGULATE QUARRIES AND
    2-6                       PITS IN CERTAIN COUNTIES
    2-7        Sec. 133.091.  COUNTY AUTHORITY TO REGULATE.  A county with a
    2-8  population of 1 million or more may adopt regulations requiring the
    2-9  placement of safety devices on aggregate quarries and pits.
   2-10        Sec. 133.092.  AREA SUBJECT TO REGULATION.  A regulation
   2-11  adopted under this subchapter applies only in the unincorporated
   2-12  area of the county.
   2-13        Sec. 133.093.  CONFLICT WITH COMMISSION RULE.  If a
   2-14  regulation adopted under this subchapter conflicts with a
   2-15  commission rule, the commission rule prevails.
   2-16                         A BILL TO BE ENTITLED
   2-17                                AN ACT
   2-18  relating to the powers and duties of the commissioners court.
   2-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   2-20        SECTION 1.  Subchapter B, Chapter 81, Local Government Code,
   2-21  is amended by adding Section 81.028 to read as follows:
   2-22        Sec. 81.028.  CERTAIN POWERS SPECIFIED.  Each commissioners
   2-23  court may:
   2-24              (1)  establish public ferries whenever the public
   2-25  interest may require;
   2-26              (2)  lay out and establish, change, discontinue, close,
   2-27  abandon, or vacate public roads and highways;
   2-28              (3)  build bridges and keep them in repair;
   2-29              (4)  appoint road overseers and apportion hands;
   2-30              (5)  exercise general control over all roads, highways,
   2-31  ferries, and bridges in their counties;
   2-32              (6)  provide for the support of paupers, residents of
   2-33  their county, who are unable to support themselves.  A county is
   2-34  obligated to provide health care assistance to eligible residents
   2-35  only to the extent prescribed by Chapter 61, Health and Safety
   2-36  Code, but that chapter does not affect the authority of a
   2-37  commissioners court to provide eligibility standards or other
   2-38  requirements relating to other assistance programs or services that
   2-39  are not covered by Chapter 61; and
   2-40              (7)  use county road machinery and funds from the
   2-41  general fund or road and bridge funds in cleaning streams and in
   2-42  aiding flood control when such improvements are deemed to be of aid
   2-43  to the county in the maintenance and the building of county roads.
   2-44        SECTION 2.  Article 2351, Revised Statutes, is repealed.
   2-45        SECTION 3.  This Act takes effect September 1, 1993.
   2-46        SECTION 4.  The importance of this legislation and the
   2-47  crowded condition of the calendars in both houses create an
   2-48  emergency and an imperative public necessity that the
   2-49  constitutional rule requiring bills to be read on three several
   2-50  days in each house be suspended, and this rule is hereby suspended.
   2-51                               * * * * *
   2-52                                                         Austin,
   2-53  Texas
   2-54                                                         May 25, 1993
   2-55  Hon. Bob Bullock
   2-56  President of the Senate
   2-57  Sir:
   2-58  We, your Committee on Intergovernmental Relations to which was
   2-59  referred H.B. No. 2663, have had the same under consideration, and
   2-60  I am instructed to report it back to the Senate with the
   2-61  recommendation that it do pass, as amended, and be printed.
   2-62                                                         Armbrister,
   2-63  Chairman
   2-64                               * * * * *
   2-65                               WITNESSES
   2-66                                                  FOR   AGAINST  ON
   2-67  ___________________________________________________________________
   2-68  Name:  Craig Pardue                              x
   2-69  Representing:  Dallas County
   2-70  City:  Dallas
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    3-2  Name:  Jim Allison                               x
    3-3  Representing:  County Judges & Commiss Assoc
    3-4  City:  Austin
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    3-6  Name:  Donald Lee                                x
    3-7  Representing:  Harris Co. Judg. Jon Lindsay
    3-8  City:  Houston
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   3-10  Name:  Sam D. Seale                              x
   3-11  Representing:  Tx Assoc of Counties
   3-12  City:  Austin
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